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SB 298

Criminal Procedure - Out of Court Statements - Vulnerable Adult Victims and Witnesses

2025 Regular Session Introduced by Jeff Waldstreicher

Maryland bill allows out-of-court statements from vulnerable adult victims and witnesses as evidence in criminal trials to protect those unable to testify in person.

Hearing 1/30 at 1:00 p.m.
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Bill Summary · SB 298

Legislative bill overview

SB 298 modifies Maryland's criminal procedure rules to allow out-of-court statements from vulnerable adult victims and witnesses to be admitted as evidence in criminal trials, likely through hearsay exceptions. The bill specifically addresses how testimony from adults with cognitive, physical, or emotional vulnerabilities can be presented when they cannot or should not testify in person.

Why is this important

Vulnerable adults—including elderly victims, those with developmental disabilities, and trauma survivors—often face significant barriers to courtroom testimony, including intimidation, confusion, or retraumatization. This bill could improve prosecution of crimes against vulnerable populations by allowing their accounts into evidence even if they cannot testify live, potentially increasing conviction rates while reducing secondary victimization.

Potential points of contention

  • Sixth Amendment concerns: Defense attorneys may argue that out-of-court statements violate the right to cross-examine witnesses, a constitutional protection that could be challenged in court
  • Reliability questions: Opponents may worry that statements made outside court—without oath, cross-examination, or confrontation—could be less reliable or more subject to suggestion or memory distortion
  • Definition ambiguity: The bill's definition of "vulnerable adult" is critical; overly broad definitions could allow statements from witnesses who could reasonably testify, while narrow definitions may exclude those who genuinely need protection

Compiled from official sources — confirm details with the bill’s official record.

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